Assault

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Mission Assault Defense Attorney

What is Assault?

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If a person intentionally, knowingly, or recklessly causes bodily injury to, threatens bodily harm to, or causes physical contact with another person or their spouse when they know the action will be taken as offensive or provocative, that is considered assault in Texas. To be charged with assault, you don’t necessarily have to touch someone but threaten them with a potential injury. The charge is also an intentional tort, which means whoever you attacked could sue you in civil court for injury compensation.



Types of Assault

Texas law treats assault and battery very similarly, although there are different classifications for varying degrees of offense. Assault charges could either be misdemeanors or felonies.

Misdemeanor Assault

If a person threatens someone else with bodily harm or causes physical contact in a provocative or offensive way, but does nothing further, he or she would be convicted of a Class C misdemeanor. A Class B misdemeanor would involve assaulting someone during a performance or in retaliation for a performance. A Class A misdemeanor would include attacking someone when no other aggravating factors are present or when the crime involves an elderly person.

Felony Assault

Charges become more severe with felonies. The least serious offense would be a 3rd-degree felony. This charge would include assaulting a public servant, emergency services personnel, or government contractor in family services while they are discharging official duties. Alternatively, if the attack happens in retaliation for performance of service, this would also be considered a 3rd-degree felony.

Likewise, assaulting a family member, a member of the household, or a partner in a relationship would be considered a 3rd-degree felony if the offender had been previously convicted of a similar offense or if it involved intentionally or recklessly choking the victim.

A 2nd-degree felony would be an offense against a family member, household member, or participant in a dating relationship if the defendant has been previously convicted of a similar crime against the individual and the offense is committed intentionally, knowingly, or recklessly by impeding airflow or blood circulation through strangling or blocking the person’s nose or mouth.

Aggravated assault is a 1st-degree felony and involves assault that results in serious injury or included a weapon of some kinds.

What are the Penalties for Assault? 

Punishments can vary depending on the circumstances, but they do have maximum possible penalties.

Penalties and sentences can include the following:

  • Class C misdemeanor: fine of up to $500
  • Class B misdemeanor: up to 180 days in jail and a fine of up to $2,000
  • Class A misdemeanor: up to 1 year in jail and a fine of up to $4,000
  • 3rd-degree felony: up to 10 years in prison and a fine of up to $10,000
  • 2nd-degree felony: from 2 to 20 years in prison and a fine of up to $10,000
  • 1st-degree felony: 5 years to life in prison and a fine of up to $10,000

Local Support for Assault Charges in Mission, Texas

Facing an assault charge in Mission, Texas, can be a daunting experience, but you don't have to go through it alone. Our team understands the unique challenges that residents of Mission and the surrounding areas face. With the Hidalgo County Courthouse just a short drive away, we are well-versed in the local legal landscape and can provide the guidance you need.

One of the common pain points for individuals in Mission is the fear of severe penalties that come with assault charges. These can range from significant fines to potential imprisonment, impacting your life and livelihood. Additionally, a conviction can make securing employment, housing, and other essential services difficult.

We are familiar with your local resources, including the Mission Police Department and the Hidalgo County Public Defender's Office. While we are not affiliated with these entities, we can help you navigate the complexities of your case and work towards the best possible outcome.

Our deep understanding of the Mission community allows us to offer personalized legal strategies that address your needs. Whether you're dealing with accusations involving a family member, a public servant, or any other party, we are here to help you through every step of the legal process.

Don't let an assault charge define your future. Contact us today to discuss your situation and explore your options. We are committed to providing the residents of Mission, Texas, with the dedicated legal support they deserve.

Call Us About Your Situation Today

If you’re facing a serious assault charge, you need an experienced Mission criminal defense attorney on your side. A conviction could not only lead to jail time, but it could cost you thousands of dollars in legal fines, fees, and civil suit penalties. A felony conviction will also appear on your criminal record, which could make it harder for you to find work. Let us talk to you about your case in a free, confidential case consultation.

Commonly Asked Questions

What constitutes aggravated assault in Texas?

In Texas, aggravated assault is a 1st-degree felony that involves an assault resulting in serious bodily injury or an assault that includes the use of a weapon. This type of assault is considered more severe than simple assault due to the gravity of the injuries caused or the involvement of a deadly weapon during the commission of the crime.

How does Texas law differentiate between misdemeanor and felony assault charges?

Texas law classifies assault charges based on the severity of the offense. Misdemeanor assaults involve threats of bodily harm or provocative physical contact without serious injury. Felony assaults include more serious offenses, such as assaulting a public servant, family member, or choking a victim, and can escalate to aggravated assault with serious injury or weapon involvement.

What are the potential penalties for a Class A misdemeanor assault in Texas?

For a Class A misdemeanor assault in Texas, the penalties can include up to 1 year in jail and a fine of up to $4,000. This classification typically covers assaults without aggravating factors or those involving an elderly person, and the exact sentence may vary depending on the circumstances of the case.

Can an assault charge affect my employment prospects in Texas?

Yes, an assault charge, especially a felony conviction, will appear on your criminal record in Texas and could significantly impact your ability to find employment. Employers often conduct background checks, and a record of violent crime can be a deterrent for hiring. It's crucial to have a skilled defense attorney to help mitigate the consequences of an assault charge.
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